Three options
Dutch procedural law provides for three ways of gathering preliminary evidence:
All three of these can be requested by means of an application to the court. This application must be sufficiently specific, relevant to the case, and must concern factual questions which are suited to the type of evidence requested. The application is not required to specify exactly on which facts and statements the applicant is planning to base its claim, or which witnesses will be examined for which facts. Furthermore, the applicant does not have to comment on the exact nature of the proceedings that will be instituted or - if applicable - on the extent of the loss suffered.
Grounds for rejection
Presuming that an application is admissible, it may be rejected by the court on one of the following grounds:
Evidence gathered through this preliminary procedure has the same evidential value in any trial proceeding as any evidence gathered through the ordinary procedure, on the condition that all parties were present at any preliminary evidence hearings. If not all parties were present, records of any provisional expert opinions can be submitted as ordinary documents in the trial.
In case of any questions in relation to this article, please contact Sanne Geldof or any of the other attorneys of our Corporate & Commercial Litigation department.
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